HomeMy WebLinkAbout1987-03-03 Support Documentation Town Council Work Session
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VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, MARCH 3, 1987
2:00 p.m.
AGENDA
1. Vail 25th Anniversary Committee Presentation
2. Discussion of Proposed Improvements to Town of Vail Land through
the Sitzmark Lodge Exterior Alteration Request
3. Discussion of The Wren Agreements
4. Discussion of Ordinance No. 8, Series of 1987, first reading,
Real Estate Transfer Tax Fund Proposed Changes
5. Discussion of Capital Improvement Project Process
6. Information Update
7. Other
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, MARCH 3, 1987
2:00 p.m.
EXPANDED AGENDA
2:00 1. Vail 25th Anniversary Committee Presentation
Pat Peeples
Brad Quayle Action Requested of Council: Receive the presentation and
ask any questions you may have.
2:30 2. Discussion of Proposed Improvements to Town of Vail Land
Kristan Pritz through the Sitzmark Lodge Exterior Alteration Request
Action Requested of Council: Allow the Sitzmark to proceed
to PEC review for the exterior alteration request.
Background Rationale: The owner of the Sitzmark Lodge is
requesting an exterior alteration. The project includes the
addition of three lodge rooms, the expansion of six existing
lodge rooms, the expansion of an existing office space on
the second floor, and the remodel of commercial frontage on
the north side of the building. As part of the proposal,
staff is requesting that the Sitzmark make sidewalk and
landscape improvements to the Town of Vail land on the north
side of the Sitzmark Lodge. Staff felt that it would be
appropriate to review these requested improvements with the
Town Council, as the property is owned by the Town of Vail.
A preliminary drawing will be presented at the meeting to
outline the proposed improvements.
Staff Recommendation: Allow the Sitzmark Lodge to proceed
to Planning and Environmental Commission review.
3:00 3. Discussion of The Wren Agreements
Larry Eskwith
Kristan Pritz Action Requested of Council: -Approve/deny the agreement and
the limited license agreement with The Wren.
Background Rationale: The two agreements relate to drainage
problems at The Wren and The Wren's use of the Town of Vail
road through Ford Park.
3:20 4. Discussion of Ordinance No. 8, Real Estate Transfer Tax Fund
Larry Eskwith Proposed Changes
Charlie Wick
Action Requested of Council: Discuss the proposed changes
to the Real Estate Transfer Tax Fund.
Background Rationale: This amendment to the RETT ordinance
allows the RETT fund to be used for the improvement as well
as for the acquisition of land. The amendment provides that
the fund may be used to finance construction of a building
only up to a maximum amount of $500,000. If the cost of the
building is more than $500,000, the fund may still be used
but only to the extent that cash is available on hand in the
fund. Nothing in the amendment restricts the ability to
finance improvements other than buildings regardless of
cost. The $500,000 limitation will increase each year
proportionately to any increase in the CPI.
3:40 5. Discussion of Capital Improvement Project Process
Charlie Wick
Action Requested of Council: Discuss the staff
recommendations for the continued capital improvement
process.
Background Rationale: By Tuesday, the staff will have
recommendations for continuing the capital improvement
planning process. The issues under this item we hope to be
prepared to discuss are:
1) Summary of public meetings
2) Recommendations for continued process
3) Information on next study steps for the proposed
Congress Hall
4:00 6. Information Update
Ron Phillips
4:05 7. Other
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1 .1
AGREEMENT
THIS AGREEMENT is made and entered into this day of
January, 1987 by and between the TOWN OF VAIL, Colorado, a.Colorado
municipal corporation ("the Town") and the WREN ASSOCIATION, a
Colorado not-for-profit corporation ("the Wren").
RECITALS
A. The Wren is the owner of the real property described in
Exhibit A attached hereto, upon which the Wren Condominiums and
other improvements have been constructed.
B. The Town is the owner of the adjoining property known as
Gerald R. Ford Park described in Exhibit B attached hereto..
C. A dispute has arisen between the parties relating to the
Wren's use of a certain roadway located in Gerald R. Ford Park and
relating further to certain drainage and water accumulation problems
occurring on the property between the roadway and the Wren building.
D. The parties desire to effect a just and amicable settlement
of such dispute without resorting to litigation.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. That the Town at its sole expense shall provide the
following:
A. Construction of a ditch and installation of a drainage
culvert through the property between the Wren building and the
roadway as set forth in the plan attached hereto as Exhibit C, which
drainage culvert shall drain the surface water that may accumulate
between the roadway and the Wren building in the direction of Gore
Creek.
B. The Town will install riprap to aid in drainage as set
forth in Exhibit C.
C. The Town will provide fill for the grading of the area
between the Wren and the roadway but shall only grade and seed the
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area described in Exhibit C. The Town shall provide adequate
topsoil for such process all in accordance with the plan attached
hereto as Exhibit C.
2. The Wren agrees to pay for the material costs of any culvert
and connecting bands to be installed by the Town.
3. The Town has commenced the work set forth herein and shall
complete the work no later than June 30, 1987.
4. The Wren shall remove the fence identified for removal on
Exhibit C no later than June 30, 1987.
5. Upon the performance of the terms and conditions set forth
herein by the Town, the Wren hereby releases and discharges the
Town, its agents, officers, and employees from all liability, suits,
actions, causes of actions, and claims resulting from the drainage
problems referred to above.
IN WITNESS WHEREOF, the parties have executed this Agreement the
date and year first set forth above.
TOWN OF VAIL /WREN ASSOCIATION
By: By:
-~--7
Rondall V. Phillips, Alan Woods
Town Manager President
0649A
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EXHIBIT A
Tree Wren Condominiums, 5UU South Frontage Road, Vail, Colorado
81657, and described as follows:
That part of the NE 1/4 of Section 8, Township 5 South, Range 80
West of the 6th P.M., described as follows: Commencing at the
:northwest corner of the 14E 1/4 of said Section 6: thence South
UU degrees 01'06" East and along the West line of said NE 1/4
563.81 feet to a point of intersection with the Southerly right
of way of Interstate Highway 70 and the True Point of Beginning;
_ thence continuing along the aforesaid course 347.62 feet; thence
North 89 degrees 58154" East 189.81 feet; thence Nortn 00
degrees 01'06" West and along a line parallel with the West line
of said NE 1/4 284.59 feet to a point of intersection with said
Southerly right of-way; thence O orth 71 degrees 38'54" West and
along said Southerly right of Way 200.00 feet to the True Point
of Beginning, County of Eagle, State of Colorado, subject to any
tax, assessment, fees or charges by reason of the inclusion of
the subject property in Vail General Improvement District, Vail
Water and Sanitation District, Vail Fire Protection District and
Vail Metropolitan Recreation District.
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LIMITED LICENSE AGREEMENT
THIS LIMITED License Agreement is made and entered into
this day of January, 1987, by and between the TOWN OF VAIL,
Colorado, a Colorado municipal corporation ("the Town") and the WREN
ASSOCIATION, a Colorado not-for-profit corporation ("the Wren").
RECITALS
A. The Wren is the owner of certain real property described in
Exhibit A attached hereto, upon which the Wren Condominiums and other
improvements have been constructed.
B. The Town is the owner of certain adjoining property known as
Gerald R. Ford Park described in Exhibit B attached hereto.
C. A dispute has arisen between the parties relating to the use
by the Wren of a certain roadway located on Gerald R. Ford Park.
D. The parties desire to effect a just and amicable settlement
of such dispute and to compromise such dispute without resorting to
litigation.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and covenants
contained herein, the parties agree as follows:
1. The Wren shall, at its sole cost and expense, landscape the
area between the roadway and the Wren building as shown on the
proposed landscape plan submitted to the Town, as finally accepted by
the Town after review and approval by the Design Review Board. This
landscaping shall be completed no later than July 1, 1987. In
addition, the Wren agrees to maintain said area and keep the
landscaping, any furniture and the fence located on said area in good
condition and repair.
2. The Town grants to the Wren a non-exclusive limited license
for the use by the Wren of the roadway more particularly described in
Exhibit C and the access driveway more particularly described in
Exhibit D for the following uses and purposes and no other:
A. Use by vehicles for the delivery of firewood to be used
by the occupants of the Wren. The Wren shall notify the Director of
Public Works of the anticipated delivery schedule for the firewood
and shall make arrangement with the Director of Public Works for the
opening of the locked gate across the roadway in order to
accommodate such deliveries. Access shall be limited to that period
of time which is reasonable and necessary for the delivery of
firewood to the Wren.
B. Use by vehicles in connection with repairs to the Wren
buildings or any mechanical, heating, air conditioning, or other
system in connection with such buildings, including amenities such
as the swimming pool, when delivery of equipment, parts, materials,
supplies, or tools cannot conveniently be brought through the front
entrance of the Wren.
C. Use by delivery vehicles for the occasional delivery of
large items of furniture when such furniture cannot be conveniently
brought through the front entrance of the Wren.
D. Use by emergency vehicles.
E. Use by all pedestrians who are employed by, staying at,
visiting, or having business at the Wren.
3. Except for emergencies, the Wren shall notify the Director
of Public Works of the Town of Vail of its intention to use the
roadway as set forth herein and shall make reasonable arrangements
with the Director of Public Works in regard to such use.
4. At the present time, the Town maintains and intends to
continue maintaining in the future a locked gate, chain or other
device which will prevent access to the roadway by motor vehicles
operated by the general public. When the gate is opened in order to
permit passage by motor vehicles to the Wren property pursuant to
this Agreement, the Wren shall be solely responsible for securing
and locking the gate upon the completion of such use.
5. The Wren shall obtain comprehensive public liability
insurance covering the Wren's use of the new roadway and access
driveway which coverage shall be in the amount of one million
dollars (1,000,000) for each incident giving rise to a claim -for
bodily injury or property damage. The Town shall be named as an
additional insured as its interest may appear on such policy and a
copy of the policy or certificate of insurance shall be furnished by
the Wren to the Town.
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6. The Wren hereby agrees to indemnify and hold the Town
harmless from and against all liabilities, judgments, costs
(including attorney fees), damages, suits, claims and actions of any
kind in nature by reason of its use of either the roadway described
in Exhibit C or the access driveways described in Exhibit D hereof.
7. The Town shall be responsible for the maintenance and repair
of the roadway described in Exhibit C hereof. It is understood,
however, that the Town will not keep the roadway clear of ice or
snow during the winter months. Should the Wren wish to clear said
roadway of ice and snow in order to facilitate their use thereof
during the winter, it may; at its sole expense, plow the road (after
giving the Town Public Works Director notice of such plowing). The
Wren will be responsible for any damage to the roadway by such
plowing. The Wren shall be solely responsible at all times for the
maintenance and repair of the access driveway.
8. Should the Town be required to temporarily deny access to
the new roadway or the access driveway due to repair, resurfacing or
maintenance, the Town shall give the Wren advance notice of such
closure not less than five (5) days in advance. In the event of an
emergency.which requires immediate closure of the road, the Town
shall give the Wren whatever notice is reasonable under the
circumstances or no notice if the giving of any notice is not
possible under the circumstances.
9. This License Agreement shall commence on January 1987
and shall terminate on January 1988. It is the understanding of
the parties that this Agreement may be renewed in writing on the
mutual agreement of the parties, upon the same terms and conditions,
or as may be otherwise agreed to by the parties. Either party may
terminate this Agreement by giving the other party ninety (90) days
prior written notice of such termination; provided, however, that
should the Town give such notice of termination to the Wren, the
Wren may request, in writing, that the parties meet and attempt to
resolve the problems giving rise to the termination. This written
request shall be given to the Town no later than five (5) days after
the notice of termination is received by the Wren. The parties
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shall meet within ten (10) days of the time the request is received
by the Town. Should the problems not be resolved at the meeting,
the termination shall take effect as set forth in the Town's notice.
10. The execution of this Agreement in no way abrogates,
alters, or releases any claims or defenses which either party may
assert against the other party in regard to the use of the roadway
and access roads as set forth herein; provided, however, the Wren
agrees not to bring any legal action claiming an easement over the
roadway described in Exhibit C hereof so long as this Agreement is
in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the
date and year first set forth above.
TOWN OF VAIL WREN ASSOCIATION
By: By:
Rondall v. Phillips Alan Woods -y~
Town Manager President
0650A
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EXHIBIT A
Tne wren Condominiums, 5UU South Frontage Road, Vail, Colorado
81657, and described as follows:
That part of the NE 1/4 of Section 8, Township 5 South, Range 80
vest of the 6th P.M., described as follows: Commencing at the
Northwest corner of the NE 1/4 of said Section 6: thence South
00 degrees 01'06" East and along the West line of said NE 1/4
563.82 feet to a point of intersection with the Southerly right
of way of Interstate Highway 70 and the True Point of Beginning;
thence continuing along the aforesaid course 347.62 feet; thence
North 89 degrees 56154" East 189.81 feet; thence Nortn 00
degrees 01106" West and along a line parallel with the West line
of said NE 1/4 284.59 feet to a point of intersection with said
Southerly right of-way; thence North 71 degrees 38'54" West and
along said Southerly right of Way 200.00 feet to the True Point
of Beginning, County of Eagle, State of Colorado, subject to any
tax, assessment, fees or charges by reason of the inclusion of
the subject property in Vail General Improvement District, Vail
Water and Sanitation District, Vail Fire Protection District and
Vail Metropolitan Recreation District.
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ORDINANCE NO. 8
Series of 1987
AN ORDINANCE AMENDING CHAPTER 3.48 LAND TRANSFER TAX
OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE
THAT THE MONEY IN THE LAND TRANSFER TAX FUND MAY BE
USED FOR IMPROVING AS WELL AS ACQUIRING REAL PROPERTY
FOR PARKS, RECREATION, OPEN SPACE AND/OR SIMILAR
PURPOSES; SETTING FORTH CERTAIN RESTRICTIONS ON THE
USE OF SAID FUND FOR IMPROVING REAL PROPERTY AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Land Transfer Tax Ordinance presently provides that the funds
received by the Town pursuant to the tax shall be subject to appropriation for
acquiring real property for parks, recreation, open space and/or similar purposes;
and
WHEREAS, the Town Council has received input from the general public that it
makes sense to use the Transfer Tax not only for the acquisition of open space,
recreation and park land, but also for the improvement of such land; and
WHEREAS, the Town Council believes that such an amendment would benefit the
welfare of the community.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
Section 1.
Section 3.48.040 Amount Payable, subparagraph B, is hereby amended to read as
follows:
"Where the consideration shall exceed five hundred dollars ($500), the Land
Transfer Tax payable shall be one (1) percent of the consideration, the proceeds of
which tax shall be earmarked for acquisition AND IMPROVEMENT of real property
including paying incidental costs and the principle of and interest on any borrowing
for the acquisition, such property to be located either within or without the limits
of the Town."
Section 2.
Section 3.48.090 Land Transfer Tax Fund is hereby repealed and reenacted with
amendments to read as follows:
"A. All funds received by the Town pursuant to this Chapter shall be deposited
in the Land Transfer Tax Fund, which fund is hereby created. The fund shall be
subject to appropriation only for the following purposes: acquiring and improving
real property, for parks, recreation, open space and/or similar purposes, including
paying incidental costs and the principle of and interest on any borrowing for the
acquisition.
B. Should the Real Estate Transfer Tax Fund be used for the construction of
any building which has a total cost in excess of five hundred thousand dollars
($500,000), then the cost of such excess may not be financed, but must be paid for
in its entirety with cash on hand in the Real Estate Transfer Tax Fund. Nothing in
this paragraph shall be deemed to limit in any way the ability to use the Real
Estate Transfer Tax Fund to finance the acquisition of land or the construction of
improvements other than buildings.
The five hundred thousand dollar ($500,000) limitation set forth herein
shall increase proportionately each year as the U.S. Department of Labor Consumer
Price Index (U.S. City Average for all Urban Consumers, Bureau of Labor Statistics,
Denver) increases from the previous year's index.
C. For the purposes of this Chapter, building shall mean any structure having
a roof supported by columns or walls, or any other enclosed structure for the
housing of persons, animals, or property."
Section 3.
If any part, section, subsection, sentence, clause, or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that -any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4.
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5.
The repeal or the repeal and reenactment of any provision of the Vail Municipal
Code as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceedings as commenced under or by
virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed
or superseded unless expressly stated herein.
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INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of ,
1987, and a public hearing shall be held on this ordinance on the day of
, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this day of 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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